Bill would block local limits on large livestock facilities
Local governments would be prohibited from placing restrictions on large livestock facilities in rural areas under a bill being considered in the Indiana Senate.
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CNBC’s ‘American Greed’ puts focus on Conour as appeal proceeds
The CNBC program “American Greed,” which bills itself as a “shocking true crime series (that) examines the dark side of the American Dream,” has taped an episode profiling former Indianapolis lawyer and convicted fraudster William Conour.
Opinions Jan. 8, 2015 ILD
Indiana Court of Appeals
Kristopher Souter v. State of Indiana (NFP)
02A03-1405-CR-170
Criminal. Reverses $2,500 restitution order following guilty plea to Class D felony receiving stolen property and Class B misdemeanor false informing. Remands with instructions to recalculate the amount of restitution owed by Souter.
Joel Bryce Granberry v. The Bank of New York Mellon Renovations by Russell LLC (NFP)
30A04-1405-CT-213
Civil tort. Affirms denial of Granberry’s motion to correct error, which challenged the dismissal of his actions against The Bank of New York Mellow and Renovations by Russell LLC. Remands for a determination of appellate attorney fees owed to Renovations by Russell.
Opinions Jan. 8, 2015
7th Circuit Court of Appeals
Daniel P. Minnick v. Carolyn W. Colvin, acting commissioner of Social Security
13-3626
U.S. District Court, Northern District of Indiana, Fort Wayne Division, Judge Joseph S. Van Bokkelen.
Civil. Reverses judgment of the District Court upholding the acting commissioner’s decision to deny benefits to Minnick and remands for further proceedings. The administrative law judge did not fully develop the record before drawing any conclusions and did not adequately articulate her analysis so that the appellate court could follow her reasoning.
Court properly excluded evidence regarding victim’s truthfulness
The trial court was correct to exclude evidence of specific instances from a woman regarding the truthfulness of her son, the victim of a sex crime, the Indiana Supreme Court ruled Thursday. That evidence is prohibited by Indiana Evidence Rule 608.
COA reverses domestic violence determination due to Blakely violation
A trial court committed fundamental error when it determined a man convicted by a jury of Class A misdemeanor battery committed a crime of domestic violence, the Indiana Court of Appeals held Thursday.
Housing agency, not court, ordered banned woman from properties
The Indiana Court of Appeals rejected a woman’s argument that the court imposed as part of her trespass sentence an order to stay away from any properties owned by the Indianapolis Housing Agency.
National Jurist: IU’s Henderson most influential in legal education
Indiana University Maurer School of Law Professor William Henderson is the nation’s most influential person in legal education, according to rankings appearing in the January 2015 edition of National Jurist magazine.
ALJ’s numerous errors require denial of benefits reversed
The 7th Circuit Court of Appeals reversed the decision of a federal judge to uphold the denial of a man’s request for disability insurance benefits. The appeals court held that an administrative law judge made a number of errors when considering the record.
Judge grants motion to make nonsurgical abortion ruling final
A federal judge has granted the state and plaintiff’s joint motion to make final her December ruling that a 2013 law regarding nonsurgical abortion clinics violates the Equal Protection Clause.
Parties ask for December nonsurgical abortion ruling to be made final
Attorneys for the state of Indiana and Planned Parenthood of Indiana and Kentucky filed a joint motion Tuesday requesting a federal judge make final her Dec. 3 ruling that found a 2013 law regulating nonsurgical abortion clinics violated the Equal Protection Clause.
Opinions Jan. 7, 2015 ILD
Indiana Court of Appeals
Mishael Johnson v. State of Indiana (NFP)
49A02-1404-CR-292
Criminal. Affirms two convictions of Class C felony child molesting.
Michael Hall v. State of Indiana (NFP)
49A02-1404-CR-256
Criminal. Affirms conviction of Class C felony battery.
Lumaz L. Thompson v. State of Indiana (NFP)
45A04-1405-CR-243
Criminal. Affirms conviction and sentence for Class A felony voluntary manslaughter.
Opinions Jan. 7, 2015
Indiana Court of Appeals
In the Matter of the Mental Health Proceedings of B.M. v. Indiana University Health Hospital
53A04-1405-MH-210
Mental health. Affirms order involuntarily committing B.M. to a mental health facility. The trial court’s finding that B.M. is a danger to others is supported by sufficient evidence. Judge Riley dissents with opinion.
Firm mergers down slightly in 2014
Eighty-two law firm combinations were announced last year in the United States, a 7 percent decline from 2013’s 88 mergers, according to Altman Weil Inc.
Judge dissents on reversal of CHINS adjudication
A father who claimed his due process rights were violated when his daughter was adjudicated as a child in need of services before the conclusion of a fact-finding hearing won his appeal before the Court of Appeals Wednesday. But one judge believed that the trial court correctly found the girl to be a CHINS.
Panel split over whether man needed to be involuntarily committed
A panel of the Indiana Court of Appeals Wednesday was divided over whether sufficient evidence was presented to justify that a mentally ill man was a danger to himself or others and thus needed to be involuntarily committed.
Senate committee advances bill to raise judges’ retirement age
A proposal to raise the mandatory retirement age for appellate judges from 75 to 80 narrowly advanced in the Indiana General Assembly Wednesday.
Fate uncertain for bill to end Sunday alcohol sales ban
A House committee chairman says he hasn't decided if he'll allow a hearing on a proposal to end Indiana's long-running ban on retail stores selling alcohol on Sunday — the last of its kind in the nation.
Krieg DeVault names new leadership team members
Krieg DeVault LLP has elected four new members to join recently elected managing partner Deborah J. Daniels on the firm’s seven-member executive committee.
Civil Rights Commission exceeded authority in upholding complaint
Finding the Indiana Civil Rights Commission overstepped its authority, the Indiana Supreme Court has vacated the organization’s final order regarding an “intra-group squabble” over a dinner menu.